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Committee approves code-cleanup bills and clarifies Attorney General enforcement authority
Summary
The Judiciary & Rules Committee sent three additional bills to the Senate floor: SB 12-48 (repeal of obsolete capital-crimes defense fund), SB 12-49 (time-standard cleanup), and SB 12-51 (clarifying the Attorney General's civil enforcement authority). SB 12-51 drew questions about scope and local versus centralized enforcement and a public comment about flags; the committee approved all three.
The committee cleared three additional measures after brief presentations and debate.
Senate Bill 12-48, presented by Senator Todd Lakey, repeals an obsolete statute tied to a county-managed capital-crimes defense fund rendered unnecessary after the state assumed public-defense responsibility; the committee voted to send the bill to the floor with a due-pass recommendation.
Senate Bill 12-49 updates time-standard references in statute to reflect current usage (e.g., mountain time) and was approved by voice vote as a non-substantive cleanup.
Senate Bill 12-51 would clarify that the Attorney General has statutory authority to bring declaratory actions or seek injunctive relief to enforce state civil laws when a specific enforcement mechanism is not provided in a statute. Senator Lakey said the change eliminates ambiguity over whether common-law AG authority exists, and gave examples such as posting of administrative rules on agency websites.
Senators pressed on scope and resource implications. Senator Wintrow said she worried the bill could centralize civil enforcement authority and suggested it might be preferable to include enforcement mechanisms in particular statutes. Senator Ruckde and others noted the change merely makes the AG's existing common-law power explicit and does not add criminal penalties.
During testimony Donna Harwood raised concerns about unspecified "flags" and potential effects on community groups displaying identity flags; she warned of legal challenges if the bill were used to restrict protected expression. The committee approved SB 12-51 by voice vote; the transcript logged a recorded "nay" by Senator Ruckde and a request to be recorded by Senator Wintrow.
